Child Online Protection Act Appeal Rejected
TarrVetus writes "The Associated Press reports that a federal appeals court in Philadelphia has ruled that the Child Online Protection Act will not be revived, upholding a 2007 decision that the unimplemented 1998 law is unconstitutional. The law, which made it a crime for websites to allow children access to 'harmful' material, was declared a violation of the First Amendment because of existing elective filtering technologies and parental controls that are less restrictive to free speech than the 'ineffective' and 'overly broad' ban."
It works
In other news all Philadelphia residents have been put on the Sex Offender list.
This law is 11 years old and it's still squirming through the courts. For all those that say that free speech is protected by the constitution and that certain branches will do away with unconstitutional laws: here is an example of how long you can potentially have laws affecting you while you're fighting it in court.
Of course this law is unimplemented but several other laws like DMCA and Patriot Act ARE implemented and unconstitutional. It takes longer than a 2 term presidency to do away with a dead law, how long do you think it would take to repeal a law that has been in use?
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I am zealous in my defense of small animals and I think the law and the International Community should join me in stopping the evil degradation of rodents, mice, and squirrels and some birds. Only God in his Power can crapulate the interest between cute anumals with the frowning smell? of CHEESER!!!!! Jesus!!!! Fuck!
Most porn sites nowadays have intro pages that ask the user to confirm if he/she is over 18. Would eliminating this law mean that those sites are no longer required to have these intro pages?
(Also, do not confuse this law with COPPA, which is the Child Online Privacy Protection Act, which is enforced [and is constitutional] to prevent children under 13 from posting their personal information online.)
More precisely, the court system works. As much as people complain about American democracy, the part that most people agree on is that the court system works. But ironically, the judicial system is arguably the least democratic part of our government. In cases like this, it is just one judge or a handful of judges making the decision.
The law in question was legislative, and most people think the legislative system is broken. It may be time for open source to provide the solution.
I would rather keep kids away from online porn. It's called adult entertainment for a reason, its for adults.
How many times did you have to read this summary before you understood the current state of the law?
Think Deeply.
I'll believe the government can do that when they can prove they can keep:
1) My social security number
2) My finacial information
3) Any other personal identifiable information
safe (well you know what) just in their own systems much less the internet as a whole. If it isn't technically feasible to protect me from people that are actively looking to ruin my entire life, then they don't have a shot at keeping my kids "safe" from whatever might possibly someday have a potentially negative effect on them in some way.
take that aussies!
Where's the verbal fellating of our Dear Leader, Lord Barry Soetoro the Merciful, anywhere in the article text, the summary, or the comments? I'm reporting all of you immediately to the newly-formed Ministry of Verbal Fellatio of Our Dear Leader.
I'm glad this happened.
Allow me to be blatantly honest. I think kids should have the right to explore their sexuality in a safe manner online. I know I did.
Why is "adult entertainment" so exclusive anyway? You know, they could have extremely tame erotic websites to cater to kids who are interested. Probably like softcore Playboy pics or something.
it is very easy, vey lazy, and very dumb to ape the usual cynical comments about our government (speaking as an american). but one of the bedrock principles of our government is checks and balances: if one branch gets out of line, another branch puts it back in its place. here, the legislative branch passed a law which abrogates freedom of expression. the judicial branch comes in, and squashes it. so celebrate, goddamn it, the system works
it is not useful for anyone to find that the system failed when it passed this law in the first place. people are weak, they make dumb mistakes. obviously, this law was an idiotic mistake. and it won't be the last idiotic law that is passed. but laws bet blocked, and overturned. please make note of that. there is a filter in place
of course, the diehards will find SOME way to complain about something. their first stop, of course, will be to list the familiar abuses of the bush administration... the bush administration that is now dead. the usual talking points and familiar executive branch excesses are history. move on, please find something new to whine and bitch and moan about
the biggest check of all, the biggest filter of all, the american people, just closed the chapter on that administration. of course i don't expect some of you to actually cheer when something good happens. for some of you, you seem congenitally incapable of doing that
whining and bitching and moaning. if that's all you can do, you've failed, not your government
so celebrate
intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
Gotta tell you, a lot of porn sites have chat nowadays, or at least the most fun ones do, and I don't want my kids being on those sites talking with a bunch of degenerates.
Softcore porn for kids is (I can't believe I'm saying this) probably not that bad of an idea, considering that almost everyone has gotten their chafed little hands on a Victoria's Secret catalog somewhere along the way, but the nature of internet porn is that every site attempts to link you deeper into dirtier and more proprietary material to get you to look at their ads and pay for their content. Slippery slope for all with sleds.
Now, chatrooms for kids to talk to each other? Fine. Maybe this would mean a large-scale endorsement of OLPC, for all the wrong reasons?
I, for one, would love some help in blocking stuff for my son. I put on controls and try my best to keep him from being dragged into that stuff at a young age, but it is disturbing how much comes through even the tools we have.
I would love it if the porn sites simply said that their money comes from adults and they have no business luring children into it (like smoking companies) and voluntarily made more protection for our kids to help make my parenting that much easier. I know this is wishful thinking, but at some point, freedom of speech is taking to a point of hurting our society and not helping.
We are not actually able to say anything we want whenever we want. Example, try going into a theater and yelling, "Fire!" over and over. You might go to jail and if someone is hurt, you'll be sued and rightly so. You abused your freedom of speech to hurt someone. There is no doubt that porn hurts people.
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If you think parents are horrible, try government. They don't know how to tie their own shoelaces without hiring a consulting firm for $1,000,000 to study the idea first. If you are looking to government to be a watchdog for your children, then, well, all I can say is that you are clueless.
If the courts worked, we wouldn't have decisions like Wickard v. Filburn, Hiibel v. 6th, Herring v. US, etc. It seems like every other month the SCOTUS is shitting on the constitution in one way or another.
Give me Classic Slashdot or give me death!
Better to learn from other people's mistakes (or experiences). I'm pretty sure the Planned Ignorance crowd is motivated by a desire to propogate their genetic line at all costs, rather than any real concern for their immediate offsprings.
"The ability to delude yourself may be an important survival tool" - Jane Wagner -
a physics professor, in fact, who happens to be a friend of mine, puts it this way:
"They correlate marijuana use with other drugs, and say '70% of hard drug users started with marijuana.' But they are missing something: they ALL started on milk!"
You point out one instance of the system working -- just barely -- and say that it is proof that the system works.
Sometimes.
I agree with the above posters, and will go further: (1) 11 years constitutes an effective failure. (2) The Executive branch has (almost quite literally) gotten away with murder during this past administration, with very little help coming from either the Legislative or Judicial. (3) In order for individuals to challenge the constitutionality of a law, they must show that (a) they were personally affected by the law, and (b) actual, rather than theoretical, harm. This is a disastrous flaw in the system, which has contributed to the excessive amount of time it has often taken to repeal unconstitutional laws. And finally (4) if you think all unconstitutional laws and regulations created by the Legislative and Executive were "mistakes", then you are very much mistaken.
I concur. Those are bad decisions.
This is not to be confused with COPPA, which is also a 1998 law protecting children online that exists and is enforced.
~ I am logged on, therefore I am.
This is absolutely a free speech issue, and while the government has the power to regulate speech, this generally applies to the time, place and manner of the speech rather than its content.
The Supreme Court has long held that if the government wants to regulate speech based on its content, the regulation must serve a compelling government interest, be narrowly tailored to fit that interest, and be the least restrictive means possible. This test is referred to as "strict scrutiny." ( Source)
In this case, COPA is simply way out of line. While the status of protecting minors from the horrors of breasts as a compelling government interest is debatable (I would argue that it is none of the government's beeswax), COPA is definitely not the least restrictive means possible to protect the children. Responsible parents can and should control the content that their children access through the means available to them, and thus any government regulation beyond this is by definition not the least restrictive means possible. So any government regulation to this end is unconstitutional as long as free speech is involved and parents have at the very least the opportunity to parent responsibly.
>>Seriously, why do people think the system is deficient
>>just because problems are not solved instantly?
Because it's insane having to go through this every other year or so!
What else do you call it when the Legislative and Executive branches see their attempts to pass feel-good laws consistently rejected as unconstitutional by the Judicial branch, yet nevertheless continue to approve the same unconstitutional boondoggles? Oh and lets not forget the cost to both federal and state budgets needed to resolve a question already answered the **LAST** few times it came up?
If there seems to be any impatience on the part of your fellow Slashdotters, consider maybe it is due to our exasperation at seeing the idiots in government insist they can make 2+2=5 if they just keep working at it long enough....
--bornagainpenguin
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Ok, isn't ANYONE going to point out that the summary is totally wrong? The *Supreme* Court declined to hear the government's appeal of the Philadelphia appellate court's decision. It's not still squirming, it is dead. Deceased. Gone to meet it's maker. It would be pushing up daisies if the editors from Slashdot even bothered to RTFA.
Is congress going to try again? Of course. But this particular law has reached the end of its non-life.
"As God is my witness, I thought turkeys could fly." A. Carlson
Why is it that back when I was a teenager and first got the internet (1998 era), that every single porn site that I tried to go to prompted me for a credit card number?
I spent my teen years trying my hardest to find porn but never could. And then I look at the net now. I am not sure what happened but I am not happy with it. So many men struggle with porn now a days. I guess one good thing is that since it is pretty much free men won't squander all their money on it. But still I am not happy.
I really wonder how I am going to handle this with my children. Sure I am a computer science guy, I run a linux firewall on my local net with squid guard installed. But blocking "adult content" pretty much disables the whole internet. Which sorta shows how big this problem is. I don't mind my complicated squidguard set up and it works good but I could never expect parents to be able to do this. Most parents know nothing. I can't recommend squidguard because of the complexity, but I can't recommend the standard windows blocker apps as they are crappy, monopolistic and it is just something else that you have to install on windows on top of all the adware malware virus stuff. Way too much money already. Heck these windows machines are getting harder and harder to maintian. Todays cars probably require less maintenance than todays windows machines. And this doesn't seem to be getting easier but harder!
If the governement wants to pull this then they better make the app that will filter the crap that a simple law would. And it better be a good app. And free.
Since these politicians seem to be so intent on saving children from harmful media and have a hard time proving that is has a direct correlation with the "bad" people in society, we should kill these politicians, use violent media as a scapegoat, and see if they'll let it fly! This way everyone wins!
Does this mean that sometimes going part way down the slippery slope is actually the best protection against going further down the slippery slope? My head hurts...
Comment removed based on user account deletion
This will finally do away with that stupidity on phpBB fora where people are required to load an extra page just to lie* about being older than 13.
*Or tell the truth, but which nosy 12-year-old does that?
> I've been browsing the web for ~15 years now, and I've _never_ ended up at a porn site "accidentally". If your kids are hitting porn sites, it's because they're looking for them deliberately.
Nah, you can wind up with lots of porn & popups while searching for pirated goods. Not all of the pirates out there are as nice as on the Pirate Bay.
If you don't believe me, turn off your ad blocker and search for some ROMs. Most of them have ads concerning anime porn (and likely other kinds as well).
How many times were we attacked after 9-11?
Is it really unconstitutional? I don't know; but I do know that it is completely idiotic to try to criminalize something that people have no influence on. There is no practical way that a web-master could ensure that no child could reach "harmful content" via his web-site; or even that there would be no harmful content hosted on his web-site. Sometimes I suspect those in power imagine computers like some sort of magical device that could easily do anything, "if only somebody would get their act together". It would be nice if it was a requirement that you were qualified for the job before you could be elected for a public office; I mean, I'm all for democracy, but I would expect if you are bright enough to run for things like mayor, congress or president, then you are also bright enough to learn and understand a few basic facts about how things work in the real world.
If it was an easy thing to do, I would say that it was a very good idea to make sure that our children could not come into contact with things that were more dangerous than they would be able to handle well. But it isn't. The only people who stand a reasonable chance at protecting children are their parents - and possibly teachers - but even they can only do so much. Sad, but true.
Gambling and porn addictions appear to involve the same dopamine-mediated reward pathways in the brain as, e.g., heroin addiction. Google "porn addiction," "sex addiction," or "gambling addiction" along with "dopamine" for many refs, do it in google scholar for scientific articles. There's even some indication of physical withdrawal symptoms.